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HomeMy WebLinkAbout2023-OR-57 Ordiance Changing Zoning to R-3 at 1021 Kehoe Lane STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2023-OR- 59 AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 1021 KEHOE LANE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R2-SINGLE FAMILY RESIDENTIAL-MEDIUM LOT TO R3-SINGLE FAMILY RESIDENTIAL- SMALL LOT. Whereas, Chase Murphy Enterprises, Inc. filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 1021 Kehoe Lane and fully described in the attached Exhibit A from R2-Single Family Residential-Medium Lot to R3-Single Family Residential-Small Lot and, Whereas, on September 26, 2023 the Jeffersonville Plan Commission has certified its favorable recommendation of the enactment of this proposed zoning map designation change by ordinance of this Common Council; and, Whereas, this matter is now before the Common Council at its regular meeting after certification of the proposed change of zoning map designation pursuant to the provisions of I.C. 36-7-4-608(f)(1); and, Whereas, this Common Council has timely posted notice of its intent to consider the proposed change of zoning map designation at the regular meeting scheduled for October 2, 2023; and, Whereas, all interested persons having been given an opportunity to appear before this Common Council and be heard regarding this matter as required by law. Now, THEREFORE, BE IT ORDAINED by the Common Council of the City of Jeffersonville, Indiana, that the zoning designation of the real property located at 1021 Kehoe Lane and fully described in the attached Exhibit A is hereby changed from R2-Single Family Residential- Medium Lot to R3-Single Family Residential-Small Lot. IT IS FURTHER ORDAINED that the zoning map of the City of Jeffersonville shall be amended to include such change. This ordinance shall be in full force and effect upon its adoption. SO ORDAINED this 2nd day of October, 2023. Common Council of the City of Jeffersonville, Indiana VOTED FOR: VOTED AGAINST: )14/4/ bilat2 <6°:ire; L ���� 111►' Mat Ow-n, President AC/ tAiLt_ Lisa ill City Clerk Prepared by: Les Merkley Corporate Counsel CITY OF JEFFERSONVILLE DEPARTMENT OF LAW Les Merkley,Corporation Counsel/Director of Legal Affairs (60" ��%� 0 812-285-6493 office / 812-285-6403 f '� � fax www.ctyojeffne t Jeffersonville City Hall 500 Quartermaster Court Jeffersonville,Indiana 47130 BEFORE THE CITY COUNCIL OF JEFFERSONVILLE. INDIANA IN THE MATTER OF THE ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 1021 KEHOE LANE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R2 (SINGLE FAMILY RESIDENTIAL-MEDIUM LOT)TO R3 (SINGLE FAMILY RESIDENTIAL-SMALL LOT) NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 1021 KEHOE LANE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R2 (SINGLE FAMILY RESIDENTIAL-MEDIUM LOT)TO R3 (SINGLE FAMILY RESIDENTIAL- SMALL LOT) Notice is hereby given that the City of Jeffersonville has filed an Ordinance with the Jeffersonville City Council,Jeffersonville, Indiana asking for a change in the zoning map designation of a certain tract of property located at 1021 Kehoe Lane that received a Favorable Recommendation by the Plan Commission from R2-Single Family Residential-Medium Lot to R3-Single Family Residential-Small Lot. A public hearing will be held on Monday,October 2,2023 at 7:00 pm in the City Council Chambers, 1" floor,City Hall, 500 Quartermaster Court, Room 101,Jeffersonville, Indiana at which time and place all interested persons will be heard in reference to the matters set out in said ordinance. Les Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812)285-6423 POSTED AND EMAILED ON September 27, 2023 TO THE FOLLOWING: Via Email to: d uddeatli'a ne‘\sandtribune.com Via Email to: ner\sworn(ai nenvsaa.ndtribune.com Posted to: \\_cit�;glj�ft_.ne� STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF: Chase Murphy Enterprises LLC I PC-23-18 TO REZONE CERTAIN TRACT: 10-20-01-000-350.000-010,10-20-01-000-351.000-010 FROM: R2 (Single Family Residential - Medium Lot) to R3 (Single Family Residential-Small Lot) CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION OF PROPOSED ORDINANCE Whereas, Chase Murphy Enterprises, LLC filed a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from R2 to R3 ; Docket number PC-23-18 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on September 26, 2023 and, Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its entire membership to favorably/unfavorably/not recommend the proposed change of zoning designation of the Property to the Jeffersonville Common Council. IT IS THEREFORE CERTIFIED that on September 26, 2023, the Jeffersonville Plan Commiss • F orably Recommends / favorabl Recommends/ Provides NO Recommendation that the Jeffersonville Common Council enact by ordinance the proposed zoning designation change of the property from R2 to R3 as requested in the petition of Chase Murphy Enterprises LLC I PC-23-18 So certified this 26th day of September 2023 • • NC :LT Chairman GAT Y OA Plan Commission Staff Report , ,� September 26, 2023 guoi _ Case No: PC-23-18 �., - 121 ' � Location: 1021 Kehoe Lane �T � "0., Applicant: Chase Murphy Enterprises Inc. p v Current Zoning: R2 (Single Family Residential Medium Lot) J` Proposed Use: Residential FRSQ14 Council District: District 5 — Donnie Croft Request .+e' •: Rezone property from R2 (Single Family Residential - f • Medium Lot) to R3 (Single Family Residential - Small h x °' Lot). `.,, ' ' k.,,, 00* ` r 'X . Case Summary - ;� The applicant is proposing to rezone the two parcels to allow for three single family houses to be built. ;f it- Staff Finding/Opinion ° .. ,Z , The proposed rezoning would allow for the two lots to 4� ,:4' �• i�t ° be subdivided into three lots and allow for three single ' 'ti ''~i w family houses to be built. The proposed zoning of R3 s ` � `}° 4 is not out of character with this area as there exists a number of larger R3 parcels across the street. Overall, this type of infill development is encouraged by the Comprehensive Plan and, as such, Staff is supportive of this rezoning request. Criteria for Consideration The Jeffersonville Zoning Ordinance and Indiana State Statute IC 36-7-4-603 outlines that the following shall be considered when the Plan Commission is reviewing a rezoning request: • The Comprehensive Plan; • Current conditions and character of structures and uses in each district; • The most desirable use for which the land in each district is adapted; • The conservation of property values throughout the jurisdiction; and • Responsible development and growth. Required Action Make a motion to forward this rezoning to the Jeffersonville City Council with one of the following options: Favorable Recommendation, Unfavorable recommendation, or No Recommendation. Recommended motion "I make a motion to forward the rezoning request(PC-23-18) to the Jeffersonville City Council with [insert recommendation]as presented to the Plan Commission on September 26, 2023. Page 1 of 9 PC-23-18 Staff Analysis for Change in Zoning The following is a summary of staffs analysis of the proposed development as it relates to the land use and development policies of the Comprehensive Plan and Unified Development Ordinance: Current Zoning and UDO Zoning District Intent Current Zoning The subject property is shown in the zoning map to the right. The property is zoned R2 (Single Family Residential- Medium Lot). Adjacent ¢` properties are zoned R2 (Single Family \''ff , Residential- Medium Lot) to the North and East, Cl (Commercial: Commercial: Medium-Scale) to the South, and (Business Park/Light Industrial to the West. N. . • a • `� \ District Intent: Existing The R2 (Single Family Residential — Medium Lot) District is intended to provide a land use category for single family homes on medium-sized lots. The provisions that regulate this land use district should protect, promote and maintain existing residential areas in the City of Jeffersonville and may also be used for future housing growth. The Jeffersonville's Plan Commission and Board of Zoning Appeals should strive to protect this district from conflicting land-uses such as industrial and large-scale commercial uses as well as nonfamily oriented businesses. Article 6 of this ordinance includes additional options and incentives for the development of subdivisions that preserve natural open spaces, floodplains, etc. that exist on site and/or dedicate and construct public park facilities. District Intent: Proposed The R3 (Single Family Residential — Small Lot) District is intended to provide a land use category for single family homes on smaller-sized lots. The provisions that regulate this land use district should protect, promote and maintain existing residential areas in the City of Jeffersonville and may also be used for future housing growth. The Jeffersonville's Plan Commission and Board of Zoning Appeals should strive to protect this district from conflicting land-uses such as industrial and large-scale commercial uses as well as nonfamily oriented businesses. Article 6 of this ordinance includes additional options and incentives for the development of subdivisions that preserve natural open spaces, floodplains, etc. that exist on site and/or dedicate and construct public park facilities. Future Land Use Map and Planning Districts This property has a Future Land Use classification of Residential Neighborhood. These areas are primarily composed of single-family residences and should be preserved as such. Limited multi-family uses may be allowed if they are small-scale, such as duplexes or triplexes and located along primary road corridors including major and minor arterials and collector streets. Care should be taken to integrate any non-single-family projects into the neighborhoods through architectural scale, design, and adequate buffers. Some areas within this classification, especially in the northwestern parts of the city, contain large tracts of undeveloped land. When developed these areas should favor single-family subdivisions and only incorporate multi-family where immediately adjacent to a minor arterial or major collector street. Commercial, industrial, and large-scale institutional uses should be discouraged. Page 2 of 9 PC-23-18 / 3 ; 1 aI / ` 1 r/ / J i��` // A FUTURE LAND USE -. Commercial Corridors Downtown Mixed Use — MNIndustrial 5� ' Industrial/Commercial 0.r e `. ' Mixed Use -41111 4y;S J`caQ Mixed Neighborhood Residential Neighbhorhood Future Land Use Map 6 \ / 74 ♦ 5 4 ►�, 3* r� 1 Planning Districts Map Plannina District 5: Midtown Planning District 5 consists of a mix of commercial developments, institutional uses, and residential neighborhoods situated around 10th Street in the central portion of Jeffersonville. Development within this District spans decades - from the 1920s on the west end to the 1980s on the east end of the district. Much of the development in the district is automobile-oriented with large strip centers, gas stations, auto repair shops, and drive-thru fast-food restaurants. As newer commercial centers have formed further out, this area has fallen into decline and needs a good deal of adaptation in order to be productive again. Densification, mixing residential and commercial uses, multi-modal transportation enhancements, and the creation of smaller town centers could reinvigorate this area. The following goals are established for the Midtown Planning District: • Promote redevelopment, adaptive reuse, and infill development along 10th Street Page 3 of 9 PC-23-18 • Support the creation of higher-density, pedestrian-oriented developments along the corridor including pocket neighborhoods and town centers. Larger developments should consider opportunities for the creation of public spaces such as plazas, squares, or mini-parks • Promote mixed-residential development along the Jeffboat rail spur that may take advantage of the potential for access to Downtown and the River afforded by the spur • Ensure intentional transitions between higher intensity uses along 10th Street and adjacent single-family neighborhoods. Transitions may be made through changes in building scale, increased setbacks for taller buildings, and landscaping enhancements. • Provide a broad mix of housing types and price-points to ensure a diversity of residents • Require new developments to install sidewalks where existing sidewalk connections to local neighborhoods are missing Additional Notes • None. Attachments 1. Current Zoning 2 pg. Layout 2. Proposed Zoning 2 pg. layout 3. Letter of Intent Page 4 of 9 PC-23-18 Current Zoning Information R2 District (Single Family Residential - Medium lot) 3.38 R2 District Intent. Permitted Uses. and Special Exception Uses District Intent Permitted Uses Special Exception Uses The R2(Single Family Residential- Residential Commercial:Recreation/Fitness Medium Lot)District is intended to •child care/day care(owner- • golf course/country club provide a land use category for single occupied) Communications/Utilities family homes on medium-sized lots •dwelling single family • public well The provisions that regulate this land • residential facility for •telecommunications facility(other use district should protect,promote developmentally disabled/mentally than microcellular) and maintain existing residential ill(less than 4 units) Institutional/Public Facilities areas in the City of Jeffersonville and Institutional/Public Facilities • church,temple,or mosque may also be used for future housing • public park • public recreation center/pool growth Miscellaneous Uses Residential The Jeffersonville's Plan Commission • home occupation#1 • dwelling:accessory dwelling unitsl and Board of Zoning Appeals • residential clubhouse/community should strive to protect this district room from conflicting land-uses such Miscellaneous Uses as industrial and large-scale • home occupation#2 commercial uses as well as non- family oriented businesses Article 6 of this ordinance includes additional options and incentives for the development of subdivisions that preserve natural open spaces. floodplains,etc that exist on site and/or dedicate and construct public park facilities Additional Notes: 1 See Article 8 3 for additional standards 3-42 Jeffersonville Unified Development Ordinance Page 5 of 9 PC-23-18 R2 District (Single Family Residential - Medium lot) (R 3.39 R2 District Development Standards Lot Dimensions Setbacks Other Requirements Lo wdh - 'Row YYrd Accessory , CJJ ^J/ sr„d„res Lot • Soh, — Primary $r" Area Yard •_ $ouctcme El Setback El FTCl • • • bre Lot Budding Front Yard Coverage Envarope &deed( - Lot Frprdepe "R.O W R O.W. / R O w RR O.W.•Am DMMwe an r! .q- .Wan R O.W.•A.Wee.on moo q.Yn Pan RR O.W•As Daher on Tlrtroupn4n Wan Minimum Lot Area: Minimum Front Yard Setback:3 Maximum Lot Coverage • 6,500 Square feet,2 • 30 ft when adjacent to an arterial • 50%of the lot area Minimum Lot Width: • 25 ft when adj to a local street" Minimum Residential Unit Size • 45 feet, Minimum Side Yard Setback: • 1000 square feet Minimum Lot Frontage: • 6 ft for the Primary Structures Minimum Structure Width • 25 feet • 3 ft for an Accessory Structure • 22 feet for at least 60%of its length Minimum Rear Yard Setback Maximum Primary Structures • 20 ft for the Primary Structure • 1 Primary Structure • 3 ft for an Accessory Structure Height Miscellaneous Notes: 1. In a new subdivision,up to 20%of lots may fall below this threshold, Accessory Structures with 6,000 square feet being the absolute minimum lot size and 45' being the minimum lot width. `Ool• • , ,r,• 2. See additional options/incentives for cluster development/conservation •'""°' subdivisons in article 6 3. In an established subdivision the front setback shall be the average of 1iie Building the adjacent homes,a 25%reduction may be taken on one face of a Hotpot corner lot Flat Rod Structures Gdbte Roof Structures 4. At corner lots on local streets,the front setback may be reduced to 20' 'Ir°rr1"0" '"el""gable roan 5. On wedge shaped lots along a road curve or at the end of a cul-de-sac, section or flat moon the setback may be reduced to a minimum of 5 feet so long as the Maximum Structure Height: average setback is greater than 6 feet. • Primary Structure 35 feet • Accessory Structure 18 feet See Article 7 for additional development standards See Article 8 for additional use-specific standards Article Three:Zone Districts 3-43 Page 6 of 9 PC-23-18 Proposed Zoning Information R3 District (Single Family Residential - Small lot) R3 3.40 R3 District Intent. Permitted Uses. and Special Exception Uses District intent Permitted Uses Special Exception Uses The R3(Single Family Residential Commercial:General Communications/Utilities -Small Lot)District is intended to • child care center(day care) • telecommunications facility(other provide a land use category for Residential than microcellular) single family homes on smaller-sized • child care/day care(owner- Residential lots The provisions that regulate occupied) • boarding house(owner occupied) this land use district should protect. • dwelling:single family • co-housing community promote and maintain existing • residential facility for • dwelling accessory dwelling unit' residential areas in the City of developmentally disabled/mentally •dwelling multi-family-duplex2 Jeffersonville and may also be used ill(less than 4 units) • residential clubhouse/community for future housing growth. •senior living/retirement community room3 The Jeffersonville's Plan Commission (not assisted living or nursing Institutional/Pudic Facilities and Board of Zoning Appeals home)-see Appendix 1 •church,temple,or mosque should strive to protect this district Institutional/Public Facilities • public recreation center/pool from conflicting land-uses such • public park Miscellaneous Uses as industrial and large-scale Miscellaneous Uses • home occupation#2 commercial uses as well as non- • home occupation#1 family oriented businesses. Article 6 of this ordinance includes additional options and incentives for the development of subdivisions that preserve natural open spaces. floodplains,etc that exist on site and/or dedicate and construct public park facilities Additional Notes: 1. See Article 8.3 for additional standards. 2. Only if platted for individual sale in a new subdivision of more than 3 acres in size. 3-44 Jeffersonville Unified Development Ordinance Page 7 of 9 PC-23-18 R3 District (Single Family Residential - Small lot) 3.41 R3 District Development Standards Lot Dimensions Setbacks Other Requirements La Wan - 'Rear Yard Setback �r O s) j L. (,-' Accessory• LotStructures • .. ` Sae .. ` Primary z-`±, Arse ❑ Yard back ❑ Structure I 4 3Mard14 0 r 0 —7-7 • c.) . • : • Perry Line t Ot SuidYq Front Yard Coverage Finabps Setback Lot Frontage - R O W R O.W. R O W 7.-/N.O .•As Droned an Pa c,W As Do !b n Z—/-- = nned on dgrlan Pon R .W As OW.• Da an Thwywriono Minimum Lot Area: Minimum Front Yard Setback:2 Maximum Lot Coverage • 4,000 Square feet: • 30 ft when adjacent to an arterial • 75%of the lot area Minimum Lot Width: • 20 ft when adj to a local street3 Minimum Residential Unit Size • 25 feet Minimum Side Yard Setback: • 800 square feet. Minimum Lot Frontage: • 5 ft for the Primary Structure Minimum Structure Width • 25 feet • 2 ft for an Accessory Structure • 22 feet for at least 60%of its length Minimum Rear Yard Setback Maximum Primary Structures • 15 ft for the Primary Structure • 1 Primary Structure • 2 ft.for an Accessory Structure Height Miscellaneous Notes: 1. In a new subdivision,up to 20%of lots may fall below this threshold. Acceseory cars• with 3,500 square feet being the absolute minimum 2. In an established subdivision the front setback shall be the average of tde. aef1e rm•r•r.e• the adjacent homes,a 25%reduction may be taken on one face of a • "0 corner lot 3. At corner lots on local streets,the front setback may be reduced to 15' ~i0 Sulking lieght Flat Rod Structures Gabes Roof Structures (from hgtat (from highest geble roof) section d flat roof) Maximum Structure Height: • Primary Structure:35 feet • Accessory Structure: 18 feet See Article 7 for additional development standards See Article 8 for additional use-specific standards Article Three:Zone Districts 345 Page 8 of 9 PC-23-18 Letter of Intent 4- HART,s 958 WATER STREET '4411,r CHARLESCOWN,IN 47111 SURVEYING & s1z-zsrrn81 ENGINEERING hartpeple4gmail.com August 29,2023 Mr Chad Reischl,AICP Planning and Zoning Director—City of Jeffersonville 500 Quartermaster Court.Suite 200 Jeffersonville,IN 47130 RE: Rezoning of Lot 15 through 18 of Coots Subdivision Dear Mr Reischl. As you are aware,Chase Murphy Enterprises.Inc.(the applicant).has title to Lots 15 through 18 of Coots Subdivision (platted in 1928). The existing lots are 25 feet in width and 125 feet in depth The applicant would like to have the subject lots rezoned from R-2 to R-3 With the change in zoning,the four lots could be re-platted into three lots that would facilitate three new single-family homes The proposed lot layout can be seen on Exhibit A. Please let us know if you have any questions or need any further information Sincerely, HART'S SURVEYING&ENGINEERING,LLC. Harold L.Hart,P.E.,P.L.S. Page 9 of 9 PC 23 18